# C_2019413EN.01002702.xml

| 9.12.2019 | EN | Official Journal of the European Union | C 413/27 |
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9.12.2019

EN

Official Journal of the European Union

C 413/27

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Action brought on 20 September 2019 — European Commission v Kingdom of Spain

(Case C-704/19)

(2019/C 413/33)

Language of the case: Spanish

Parties

Applicant: European Commission (represented by: B. Stromsky and P. Němečková, acting as Agents)

Defendant: Kingdom of Spain

Form of order sought

The applicant claims that the Court should:

| — | declare that, by failing to take, within the time limits prescribed, all the measures necessary to recover from the principal beneficiary, Telecom Castilla-La Mancha SA., the State aid declared illegal and incompatible with the internal market by Article 1 of Commission Decision (EU) 2016/1385 of 1 October 2014 on State aid SA.27408 (C 24/10) (ex NN 37/10, ex CP 19/09) granted by the authorities of Castilla-La Mancha for the deployment of digital terrestrial television in remote and less urbanised areas of Castilla-La Mancha (1) (published in the Official Journal of the European Union L 222 of 17 August 2016, p. 52), by failing to establish the cancellation of all outstanding payments of that aid, and by failing to communicate to the Commission, within the time limit prescribed, the measures adopted to comply with that decision, the Kingdom of Spain has failed to fulfil its obligations under Article 288(4) TFEU and Articles 3 and 4 of that decision; |
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declare that, by failing to take, within the time limits prescribed, all the measures necessary to recover from the principal beneficiary, Telecom Castilla-La Mancha SA., the State aid declared illegal and incompatible with the internal market by Article 1 of Commission Decision (EU) 2016/1385 of 1 October 2014 on State aid SA.27408 (C 24/10) (ex NN 37/10, ex CP 19/09) granted by the authorities of Castilla-La Mancha for the deployment of digital terrestrial television in remote and less urbanised areas of Castilla-La Mancha (1) (published in the Official Journal of the European Union L 222 of 17 August 2016, p. 52), by failing to establish the cancellation of all outstanding payments of that aid, and by failing to communicate to the Commission, within the time limit prescribed, the measures adopted to comply with that decision, the Kingdom of Spain has failed to fulfil its obligations under Article 288(4) TFEU and Articles 3 and 4 of that decision;

| — | order the Kingdom of Spain to pay the costs. |
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order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The Kingdom of Spain has not implemented the decision within the time limits prescribed in Article 4(2) and (3) of the decision.

The Kingdom of Spain has failed to recover the total amount of aid from the principal beneficiary of the aid, Telecom Castilla-La Mancha, SA.. The Kingdom of Spain has failed to establish that all pending aid payments were cancelled following adoption of the decision. The failure to completely recover the amount of the aid to which the decision relates and which was granted to Telecom CLM, and the failure to submit reliable proof of the cancellation of all outstanding payments constitutes a breach on the part of the Kingdom of Spain of its obligation under Article 3 of the decision.

In addition, the Kingdom of Spain has not communicated to the Commission, within the time limit prescribed, the information regarding implementation of the decision, as required under Article 4(3) and (4) thereof.

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(1)  OJ 2016 L 222, p. 52.

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